Section 426.410 – Defining the power and authority of assignees.
Effective – 28 Aug 1939 426.410. Defining the power and authority of assignees. — Every assignee under the general assignment law of this state is hereby declared to be a trustee for the benefit of the creditors of his assignor. Any such assignee shall have the power and authority to prosecute such actions for property […]
Section 426.260 – Assignee failing to file true inventory and give bond, court to issue citation.
Effective – 28 Aug 1939 426.260. Assignee failing to file true inventory and give bond, court to issue citation. — Whenever it shall be made to appear to the court having jurisdiction that any assignee has neglected or refused, when required by law, to file a full and true inventory, or to give bond, as […]
Section 426.270 – On return of citation, court may order inventory and bond filed or dismiss assignee.
Effective – 28 Aug 1939 426.270. On return of citation, court may order inventory and bond filed or dismiss assignee. — On the return of the citation, the court may require the assignee to file an inventory and to give bond, with good and sufficient security, in such time as it may deem reasonable, or […]
Section 426.280 – Insolvency or removal from state of surety, proceedings.
Effective – 28 Aug 1939 426.280. Insolvency or removal from state of surety, proceedings. — The like proceedings as are prescribed in sections 426.260 and 426.270 may be had whenever it shall appear to the court that any person who shall have become security for any assignee, in any bond given for the due execution […]
Section 426.290 – Assignee, vacancy — appointment.
Effective – 28 Aug 1939 426.290. Assignee, vacancy — appointment. — The court having jurisdiction, or the judge thereof in vacation, shall have power to appoint an assignee in all cases where a vacancy occurs in the trust, and like bond and security shall be required and given by the assignee so appointed as are […]
Section 426.300 – Dismissal of assignee — books to be delivered to successor.
Effective – 28 Aug 1939 426.300. Dismissal of assignee — books to be delivered to successor. — When any assignee shall be dismissed from his trust, the court shall order all the books, papers, effects, moneys and evidences of debt to be forthwith delivered to his successor in the trust, or to such other persons […]
Section 426.310 – Sale of property assigned, how made.
Effective – 02 Jan 1979 426.310. Sale of property assigned, how made. — The circuit court shall make an order for the sale of all the real and personal estate conveyed by any deed of assignment, either for cash in hand, or upon such reasonable credit and upon such other terms and notice as shall […]
Section 426.320 – Payments to creditors, when and in what amounts — penalty for failure.
Effective – 28 Aug 1939 426.320. Payments to creditors, when and in what amounts — penalty for failure. — As soon as practicable, and not exceeding one month after the time for an allowance of demands had under this chapter, the assignee or assignees shall pay upon the demands allowed, according to their right, as […]
Section 426.330 – Assignee shall exhibit condition of assets, when.
Effective – 28 Aug 1939 426.330. Assignee shall exhibit condition of assets, when. — Every assignee, upon the reasonable request of any person entitled to any demand allowed, or of his agent, shall exhibit to such person or agent the condition of the assets of the assignment, and give him all reasonable information concerning the […]
Section 426.340 – Failure to exhibit condition of assets — citation of assignee.
Effective – 28 Aug 1939 426.340. Failure to exhibit condition of assets — citation of assignee. — Upon petition in behalf of any such person to the circuit court in whose clerk’s office the inventory is filed, showing good cause therefor, verified by affidavit, such court shall cause any assignee to be cited to appear […]